SARDAR FATEHSINGHRAO Vs. JIJABAI

JUDGEMENT

(1.) This appeal under Section 96 of the Code of Civil Procedure filed by the unsuccessful plaintiff is directed against the judgment and decree dated 3.12.1980 passed by VIIth Additional District Judge, Indore, in Civil Original Suit No. 7-A/77 dismissing plaintiff's suit for declaration and possession.

(2.) Plaintiff Sardar Fatehsinghrao, who has since died during the pendency of this appeal, brought suit against his sister Smt. Jijabai, who has also since died, and her two sons Jagdish Chandra and Chandra Kant, the defendants/respondents Nos. 2 and 3. for declaration and possession in respect of two house Nos. 503, M.G. Road, Indore and 17/2, Snehlata Ganj, Indore. Both these houses were purchased by late Smt. Leelabai, the mother of appellant/ plaintiff and defendant/respondent No, 1 on 17.6.1920 and 21.4.1943 respectively through registered sale deeds. Late Smt. Leelabai was daughter of Maharaja Shivajirao Holkar, former ruler of erst-while Indore State. She was married to Kondajirao. However, relations between them became strained and Smt. Leelabai started living separately from her husband since 1912. Late Kondejirao died in March, 1928, while Leelabai expired on 27.12.1971. Late plaintiff Fatehsinghrao and late defendant No. 1 Smt. Jijabai were their only heirs. Both Fatehsinghrao and Jijabai have died during the pendency of this appeal.

(3.) Late Smt, Leelabai had on 26.2.1958 executed a registered gift deed of the suit houses in favour of her daughter Jijabai, who in turn on 26.11.1971 and 5.2.1974 gifted away the two houses to her sons Jagdish Chandra and Chandra Kant, the defendant Nos. 2 and 3 through registered gift deeds. All these gifts were accepted duly by the respective donees.